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Constructon Work Copyright Protection

Posted on:2007-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:R X RongFull Text:PDF
GTID:2166360185482011Subject:Science of Law
Abstract/Summary:PDF Full Text Request
This article discusses constructs the work author's copyright protection related question. The full text altogether divides four parts. The first part mainly is to has the representative international organization, national and the local construction work scope limits carries on the analysis in the foundation, proposes author's view, namely construction work including building, building design drawing and building model. Based on the construction work particularity, suggested to the construction work in the copyright law took a kind of independent object protects. And emphatically elaborated the construction work originality as well as carries on the judgement to it the method. The second part mainly elaborated the construction work work personal rights and the property rights conflict and is well distributed as well as construction work duplication power exercising with the limit. The construction work personal rights has the particularity, the right person in exercises its person temporarily, possibly has the copyright and the property rights conflict, in this kind of situation, the copyright usually must yield to the property rights. In the construction work property rights duplication power, was an item important and the complex right, this article analyzes the author to duplicate the power to exercise and to receive the reasonable use the limit, and suitablly put forward the proposal to the construction work reasonable use. The third part is suitable the copyright abuse of authority to turn over to the responsibility principle and generally recognizes the method to the copyright abuse of authority, in the analysis construction work copyright abuse of authority constitution important document foundation, to encroached upon the construction work copyright behavior to carry on the classification. The fourth part elaborated infrigement construction work copyright behavior civil liability being suitable. Take our country existing civil liability system as the foundation, the union construction work copyright particularity, has suitablly carried on the discussion to each responsibility way. Because our country "Copyright Law" legislates the beginning high, but may be operational is not strong, in our country present civil legislation, but also does not have specifically to stipulate how determines the right infringement person's compensation responsibility. Therefore this part emphatically elaborated the construction work copyright right infringement damage compensate responsibility nature, the compensation volume determination as well as the spirit damage compensate volume determination.
Keywords/Search Tags:construction work, copyright, personal rights, copyrights, civil liability
PDF Full Text Request
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